September 30, 2001
CONSTITUTION REVIEW: A CONSPIRACY TO SABOTAGE RESERVATION
R. ANIRUDHAN
General Secretary, Kerala Dalit Sahithya Academy, X/1183A,
Veli, Fort Kochi, Kochi-1.
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The ongoing controversial constitution review drama is
deliberately being staged with an object of toppling the safeguards of Dalit
Bahujans as guaranteed as reservation in the constitution by the father of the
Indian constitution, Baba Sahib Dr.B.R.Ambedkar. The consultation papers on fundamental rights issued for
eliciting public opinion by the Advisory Panel on fundamental rights reveal the
conspiracy intact. These papers seek
immediate intervention from the beneficiaries of the existing constitutional
protections. Under the guise of
strengthening the fundamental rights, the commission has been proceeding with
some hidden agenda to sabotage the
reservation policies guaranteed in the constitution.
The constitution of India ensures equality
before law and equality of opportunity.
It prohibits discrimination in social and educational spheres by
rendering some special protection to the socially and educationally backward
communities under the head of fundamental rights. Article 14 ensures “equality before law or the equal protection
of law within the territory of India”.
Article 15, which guarantees reservation in admission to educational
institutions reads : “prohibition of discrimination on grounds of religion,
race, caste, sex or place of birth. – (1) The state shall not discriminate
against any citizen on grounds only on religion, race, caste, sex, place of
birth or any of them………..
(4)
Nothing in this article or in clause (2) of Article 29 shall prevent the state
from making any special provision for the advancement of any socially and
educationally backward classes of citizens or for the scheduled caste and
scheduled tribes”. Article16 (4)
guarantees reservation in service read as follows:- “Nothing in this article
shall prevent the state from making any provision for the reservation of
appointment or posts in favor of any backward class of citizens which , in the
opinion of the state, is not adequately represented in the service under the
state.”
It is through these Articles (Articles 15
&16 (4)) that the existing
constitution guarantee the protection of the social and educational rights of
the Dalits ; the tribals; and the other backward communities and held
responsible the state to make any provisions or policies for the enlistment of
these communities . These articles can
be treated as the soul of the Human Rights of the oppressed nationalities. Instead of strengthening these articles by
considering caste, the Indian social reality and the sole basis of
discrimination as race, the commission proposes a reformulation of articles 15
& 16(4) under article 14 in a mysterious way. The proposed reformulation will definitely take away the human
rights of Dalit Bahujans enshrined in the constitution.
The commission says :
“It is proposed to add article 14(2) to
bring out the full amplitude and scope of general guarantee under article
14(1). The proposed inclusion of
article 14 (2) is in the following terms: Article 14(2): Equality includes the
full and equal enjoyment of all rights and freedoms. Nothing in article 14 shall prevent the state from making any
provision or adopting any measures designed to protect or advance persons or
categories of persons, disadvantaged by unfair discrimination for the purpose
of achievement of equality. The
commission further says: the prohibited heads of the discrimination in article
15 & 16 of the constitution at present restricted to religion, race, caste,
sex or place of birth. It is proposed
that these heads be extended so as to include ethnic or social origin, color,
age, language, political or other opinion, property and birth. The commission proposes to give the
guarantee against non-discrimination a wide operation in the following manner:
“Discrimination
shall include any distinction, exclusion, restriction or preference based on
race, religion, caste, sex or place of birth, ethnic or social origin, color,
age, language, political or other opinion, property, birth, which has the
purpose or effect of nullifying or impairing the enjoyment or exercise on an
equal footing of price, benefits and entitlement s in the political, economic,
social, cultural or any other field of public life”. Thus the commission puts the following questions in the light of
above proposals:
1. Whether Article 14(2)be added after article 14(1) in the
above manner?
2. Whether the prohibited heads of discrimination be extended
in the above manner?
3. Whether to give the guarantee against non discrimination a
wide operation in the above manner?
It is
doubtful why the provisions relating to special protections that are laid down
in the Article 15 and 16 have been proposed to be included under Article
14. Why the commission strategically
rejected the basis of making provisions or adapting measures designed to
protection? Why does the commission
deliberately exclude the terms like “socially and educationally backward class
of citizens or scheduled castes and scheduled tribes and also their special
protection in the Article 15 & 16.
The proposed reformulation will not only eliminate the special
protections of SC’s, ST’s and BC’s of the existing constitution but also allow
the state to determine the basis for the betterment of persons or categories of
persons. At this juncture it is the
duty of us, the Dalit Bahujans who are protected by the constitution to find a
way out to safeguard our rights which where achieved by the relentless struggle
of our savior Dr.Ambedkar.
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